Legal Question in Appeals and Writs in Philippines

certiorari

Is there already a jurisprudence ruling out or upholding the power of the Supreme Court of the Philippines in issuing writs of certiorari against the order by the Department of Justice affirming the order of reversal of the resolution by the City or Provincial prosecutor's office?


Asked on 8/08/07, 5:50 am

1 Answer from Attorneys
Reynaldo Destura Destura & Associates Law Offices

Re: certiorari

well, the rules of court requires that the certiorari be filed with the Court of Appeals (CA) and if the decision of the CA is adverse, then the decision is appealable with the Supreme Court (SC), which in turn may, on good legal grounds, over turn the decision of the CA on the issue of certiorari involving the decision of the DOJ. City or Provincial Prosecutor's Decision is subject to Petition for Review with the Secretary of Department of Justice (DOJ). Decision of the Prosecutor's Office is not subject to an immediate Certiorari with the SC.

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Answered on 8/08/07, 8:01 pm


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